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08 Staff Report - Town Plaza Fountain Filtration System Projectta~+N aF MEETING DATE: 813109 ITEM NO. !ps GA~05 COUNCIL AGENDA REPORT DATE: July 9, 2009 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER SUBJECT: PPW JOB NO. 08-14 - TOWN PLAZA FOUNTAIN FILTRATION SYSTEM PROJECT ADOPT A RESOLUTION ACCEPTING THE WORK OF PACIFIC WATER ART INCORPORATED AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY THE CLERK ADMINISTRATOR RECOMMENDATION: Adopt a Resolution accepting the work of Pacific Water Art Incorporated and authorizing the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Cleric Administrator. BACKGROUND: This project upgraded the fountain filtration by installing a new UV enhanced water treatment system in addition to upgrading other filters in the fountain to bring it to current standards. DISCUSSION: On February 17, 2009, The Town Council awarded the contract for this project to Pacific Water Art Incorporated. The contracted work has been completed by Pacific Water Art Incorporated and is accepted by the Parks and Public Works Department. PREPARED BY TODD CAPURSO Director of Parks and Public Works Reviewed by: Assistant Town - own Attorney '~k Cleric Administraf A nffance Community Development N:IPPWIMANAGEMLN-ACOUNCII,ICOUNCIL REPORT512009 reportslAugust 3108.14.plaza.fountain.Acceptance.NoticeConiptote. doe PAGE 2 JULY 9, 2009 MAYOR AND TOWN COUNCIL SUBJECT: PPW JOB NO. 08-14 TOWN PLAZA FOUNTAIN FILTRATION SYSTEM DISCUSSION cont'd Ten percent of the faithful performance bond will remain in effect for a period of two years to guarantee any needed repair and/or replacement caused by defective materials and workmanship. The execution and recordation of the Certificate of Acceptance is now required to finalize the Town's acceptance of the project. Staff recommends that the Certificate of Acceptance and Notice of Completion be executed and recorded. CONCLUSION: Staff recommends that the Town Council adopt a Resolution accepting the work of Pacific Water Art Incorporated and authorize the Town Manager to execute a Certificate of Acceptance and Notice of Completion for recording by the Clerk Administrator. ENVIRONMENTAL ASSESSMENT: This is a project as defined under CEQA but is Categorically Exempt (Section 15301c). A Notice of Exemption will not be filed. FISCAL IMPACT: The original contract was approved by the Town Council for the amount of $300,000. Additionally, the Town Council also authorized $4,000 in a contingency amount bringing the total authorized budget for the project to $304,000. The project was completed for $301,807 which is within the authorized budget. TOWN PLAZA FILTRATION SYSTEM PROJECT PROJECT 411-831-4201 Available Budget FY 2008109F'iscal Impact Funding Expended/ Encumbered Available To Date Balance Project 411-831-4201 $ 335,878 $ 330,356 $ 5,522 TOTALS 335,878 S 330,356 $ 5,522 TOTAL EXPENDITURES BY CATEGORY: Advertising Design Services Materials $ 273 27,820 456 Project Construction 301,807 TOTALS $ 330,356 Attachments: Resolution accepting work of Pacific Water Art Incorporated and authorizing the Town Manager to execute a Certificate of Acceptance and Notice of Completion. Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ACCEPTING THE WORK OF PACIFIC WATER ART INCORPORATED FOR PPW JOB NO. 08-14 TOWN PLAZA FOUNTAIN FILTRATION SYSTEM PROJECT AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY CLERK ADMINISTRATOR WHEREAS, on February 17, 2009, the Town Council awarded a contract for the Town Plaza Fountain Filtration System Project - PPW Job No. 08-14 to Pacific Water Art Incorporated as the lowest responsible bidder; and WHEREAS, Pacific Water Art Incorporated substantially completed the project in conformance with the Town's bid process and pursuant to Council approval; and WHEREAS, ten percent of the performance bond provided by Pacific Water Art Incorporated shall remain in place for two years until August 3, 2011 to guarantee the work; and WHEREAS, the work on PPW Job No. 08-14 - Town Plaza Fountain Filtration System Project is hereby accepted as complete pursuant to the plans and specifications for the project. NOW, THEREFORE BE IT RESOLVED, that the Town Manager is authorized and directed to execute the Certificate of Acceptance and Notice of Completion BE IT FURTHER RESOLVED, that the Clerk Administrator is directed to transmit this Certificate of Acceptance and Notice of Completion to the Recorder of Santa Clara County for recording. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3rd day of August, 2009 by the following vote. COUNCIL MEMBERS: AYES : NAYS : ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA